The South Carolina workers’ compensation system and the federal Social Security Disability benefits system are meant to provide a safety net for disabled employees. However, both systems are complex and can present many challenges. For instance, the insurance company’s lawyer is unlikely to give you advice on proration language or the appropriate evidence to support your claim.
No-Fault System
Workers’ compensation is a program that offers medical care and cash benefits to injured and ill employees. It is a “no-fault” system, meaning that you do not have to prove fault on the part of your employer to obtain benefits. All you need to do is establish that you were injured or ill while working.
Chances of Successful Appeal
If your initial application is denied, you have 60 days to appeal. An attorney’s help will increase your chances of a successful appeal. A South Carolina Workers’ Comp & SSD Attorneys will prepare the case for the hearing with an administrative law judge and file an appeal. If the appeal fails, you may also appeal to the Appeals Council.
Work-Related Illness or Injury
It’s vital to notify your employer of any work-related illness or injury. Providing written notice will protect your rights to benefits. It also protects your right to file a claim. The deadline to file a claim is two years, so it is crucial to act early. You can seek compensation if you have been injured and disabled at work. In South Carolina, the Worker’s Compensation Act gives you rights and benefits that will cover your medical expenses and replacement of lost wages.
Social Security Disability Benefits
If you have a permanent disability, your workers’ comp benefits may not be enough to pay for all of your medical care. However, you may be eligible for Social Security disability benefits. This program pays benefits to disabled workers who are under retirement age. Despite the fact that SSD is not a replacement for workers’ comp benefits, you should still apply for SSD as soon as possible.
Rules & Requirements
In South Carolina, you can apply for workers’ compensation and SSD benefits at the same time. However, the rules and requirements for each are different. Therefore, it is important to get your workers’ comp case resolved before applying for SSD benefits. If you are unable to work as a result of your accident, a qualified attorney can help you navigate the process:
- If you are denied benefits through workers’ compensation, you have the right to file an appeal.
- The workers’ compensation commission will hear your appeal.
- After hearing the case, the Commissioner will issue a legal ruling.
- Either party may appeal the ruling.
- The appeal process is a process that can be lengthy and expensive.
In South Carolina, you may be eligible for disability benefits if you are unable to work. These benefits are based on the average weekly wage of an employee before the accident. If you can’t work at all, the disability benefits may be enough to make up for the loss of earnings.
Most Common Disability Benefits in South Carolina
While the most common disability benefits in South Carolina are SSI and SSDI, there are other benefits available, such as food assistance, heating expenses, and tax relief. A qualified South Carolina disability attorney can help you determine which programs may offer you the most benefits. They can also help you gather evidence to support your claims and appeal denials.
Temporary or Permanent
The total disability benefits may be temporary or permanent. Temporary partial disability benefits cover your wages until you are able to return to work, or you may receive a permanent total disability benefit. Depending on your injuries, you may qualify for both. The temporary partial disability benefits will pay 2/3 of your average weekly wage.
SSA’s Definition of Total Disability
When you are injured at work, the workers comp and SSD program will help you receive the disability benefits you deserve. Social Security Disability benefits are designed to help those who cannot work due to disability. The benefits are similar, but the SSA’s definition of total disability is different.
When you are receiving workers’ compensation benefits, you should also apply for Social Security disability benefits. Social Security benefits will help you meet your monthly disability income, and your comp benefits will offset those benefits. A South Carolina workers compensation attorney can help you maximize your overall compensation.
Conclusion:
Getting workers’ compensation benefits can be a difficult process. Unfortunately, some injuries are so severe that it prevents you from returning to work. You should contact your employer to find out if they cover disability benefits, and file a claim with them. You should also ask about disability benefits through your insurance company.
